New South Wales Consolidated Acts

COMMUNITY LAND MANAGEMENT ACT 1989 - SECT 108

108 Appeal to District Court

(1) An appeal lies to the District Court from any order made by the Tribunal under Part 4 (which relates to disputes).

(2) The appeal lies in the same cases, and in the same way, as it would lie under Part 5 of the Crimes (Local Courts Appeal and Review) Act 2001 if the order were a determination that a justice or justices made, at the time the order took effect, in the exercise of summary jurisdiction on an information or complaint.

(3) The persons who may appeal against an order of the Tribunal (other than an order amending or revoking an order of the Tribunal or an order made on an appeal to the Tribunal) are:

(a) the person who applied for the order appealed against, and

(b) any person who made a written submission on the application for the order, and

(c) any person required by the order to do, or refrain from doing, a specified act, and

(d) if not included in paragraphs (a)-(c)-the association or strata corporation for the scheme affected by the order.

(4) The persons who may appeal against an order of the Tribunal amending or revoking an order made by it are:

(a) the person who applied for the amendment or revocation, and

(b) any person entitled under subsection (3) to appeal against the making of the order that was amended or revoked.

(5) The persons who may appeal against an order of the Tribunal made on the determination of an appeal are:

(a) the appellant to the Tribunal, and

(b) any applicant, other than the appellant to the Tribunal, for the original order made by an Adjudicator, and

(c) any person who made a written submission on the application to the Adjudicator for the original order, and

(d) any person required, by the order appealed against, to do, or refrain from doing, a specified act.

(6) Except as provided by this section, an appeal does not lie from an order of the Tribunal.